Himanshu Dubey & Riddhi Chopra, University of Allahabad
ABSTRACT
Adultery agreements are contracts between married partners that define the terms and conditions under which adultery can get committed without any legal consequences. In India, the legal implications of such agreements are intricate and subject to interpretation by the courts. While adultery is not a criminal offence in India, it can still have legal consequences in certain circumstances, such as divorce proceedings or civil suits for damages. Adultery agreements may therefore seek to limit or eliminate these consequences by setting out the conditions under which adultery gets permitted and the repercussions for breach of the adultery agreement. However, the enforceability of adultery agreements in India is not guaranteed, as courts may consider them against public policy or the law. The legal validity of adultery agreements may depend on various factors, such as the consent of both parties, the fairness of the adultery agreements, and whether it violates any other legal provisions. While adultery agreements may provide a means for couples to protect themselves in case of infidelity, they remain a relatively untested legal concept in India, and the efficacy of such agreements in the Indian legal system remains to get seen. This paper aims to analyse the legal implications of adultery agreements in India.
